March 30, 2010, 14:51
Rocky33.07 Online Harassment
Has anybody file an indictment under 33.07? It seems confusing. I have a victim that is harassed through a social website. But the the defendant did not use "the name or persona of another person". Any suggestion!
March 30, 2010, 15:24
GretchenI had a case (Massimo v. State, 144 S.W.3d 210 (Tex.App.--Fort Worth 2004) that was an email harassment case filed under 42.07. Shepardize the case and you might get some results that are more current and that might help you even if you're trying to use the new statute. But it perhaps might be better to use the 42.07 "electronic communications" provision.
March 30, 2010, 20:26
Shannon EdmondsIf there is no element of psuedo-identity theft, then the new offense does not apply. With that in mind, "Online impersonation" might've been a better title for the offense.
I have several of these but you need them to take on the identity of another. Did they just post the messages on the victim's wall?